By authority of the resolution adopted by the
Town Board on the 12th day of June 1962, pursuant to the provisions
of Article 16 of the Town Law, the Planning Board of the Town of Fallsburg
has the power and authority to approve plans for subdivisions of land
within that part of the Town of Fallsburg outside the limits of any
incorporated village. All land subdivision shall hereafter be subject
to the following regulations which are adopted for the purpose of
providing for the future growth and development of the Town and affording
adequate facilities for the housing, transportation, distribution,
comfort, convenience, safety, health and welfare of its population.

A performance bond duly issued by a bonding or surety company
approved by the Town Board with security acceptable to the Town Board
or a performance bond duly issued by the developer-obligor accompanied
by security in the form of cash or certified check deposited with
the Town Board in an amount to be approved by the Planning Board and
Town Board. The cash may be withdrawn after the work has been performed
as certified by the Town Engineer with a 10% holdout until acceptance
by the Planning Board.[1]

Any structure constructed or used for residence, business,
industry, or other public or private purposes, or accessory thereto;
including tents, lunch wagons, dining cars, mobile homes, billboards,
signs and similar structures, whether stationary or movable.

The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or not enclosed, but does not include steps, eaves, cornices,
and similar fixtures.

Unless otherwise hereinafter indicated, means the duly designated
licensed professional engineer of the Town of Fallsburg, or if there
be no such official, a licensed professional engineer employed by
the Town Board.

A map established by the Town Board under § 270
of the Town Law, showing the streets, highways, and parks theretofore
laid out, adopted and established by law and all changes or additions
thereto made under the provisions of the Town Law.

The division of a parcel of land into two or more lots or
parcels for the purpose of transfer of ownership or building development,
or, if a new street is involved, any division of a parcel of land;
provided that a division of land for agricultural purposes into lots
or parcels of five acres or more and not involving a new street shall
not be deemed a subdivision. The term includes resubdivision and,
when appropriate to the context, shall relate to the process of subdividing
or to the land subdivided.

An open space extending across the entire width of the lot
between the front line of building and the street line, into which
space there shall be no extension of building parts other than steps,
eaves, cornices and similar fixtures.

An open space extending across the entire width of the lot
between the rear wall of the building and the rear line of the lot
and into which space there shall be no extension of building parts
other than steps, eaves, cornices and similar fixtures.

An open unobstructed space on the same lot between the building
and the side line of the lot and extending through from the front
yard to the rear yard into which space there shall be no extension
of building parts other than steps, eaves, cornices and similar fixtures.

Editor's Note: This definition was amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I) to change the term "preliminary plan" to "preliminary plat"; the same change is made for subsequent occurrences.

When any subdivision of land is proposed to
be made and before any contract for the sale of, or any offer to sell
such subdivision or any part thereof, is made, and before any building
permit shall be granted, the procedure outlined below will be observed:

Previous to the filing of an application for approval of a preliminary plat, the subdivider shall submit to the Planning Board a sketch plan and data as specified in § 260-6. This step does not require formal application fee or filing of plan with the Planning Board.

Within 30 days, the Planning Board shall inform the
subdivider that the sketch plan and data as submitted, or as modified,
do or do not meet the objectives of these regulations and it shall
express its reasons therefor.

When the subdivider has been notified that the sketch
plan has met the objectives, he shall then consult the New York State
Department of Health and Water Resources Commission if his proposed
subdivision is five or more lots. If the subdivision is located on
a municipal boundary at any point, it shall be referred to the County
Planning Board for coordination.

If the subdivision is to utilize a form of subsurface
leaching, the subdivision engineer should prepare the preliminary
plat only after an inspection and percolation tests have been made
of the property in accordance with the requirements of the New York
State Department of Health.

If the installation of a public sewer system is involved,
the subdivider shall consult with the New York State Department of
Health and the Town Board and prepare the preliminary plat in accordance
with their requirements.

On reaching conclusions informally as recommended in this section above, regarding his general program and objectives, the subdivider shall cause to be prepared a preliminary plat, together with improvement plans and other supplementary material as specified in §§ 260-4 and 260-6.

Two copies of the preliminary plat and supplementary
material specified shall be submitted to the Planning Board with two
copies of the application for conditional approval at least 14 days
prior to the meeting at which it is to be considered.

Following review of the preliminary plat and other
material submitted for conformity thereof to these regulations, and
negotiations with the subdivider on changes deemed advisable and the
kind and extent of improvements to be made by him, the Planning Board,
shall, within 45 days, act thereon as submitted or modified, and if
approved, the Planning Board shall express its approval as conditional
approval and state the conditions of such approval, if any, or if
disapproved, shall express its disapproval and its reasons therefor
in the minutes of the meeting.

The action of the Planning Board shall be noted on
the two copies of the preliminary plat, referenced and attached to
any conditions determined. One copy shall be returned to the subdivider
and the other retained by the Planning Board.

For any subdivision or portion of subdivision, the
Planning Board will state in writing the character and extent of required
public improvements for which waivers may have been requested by the
subdivider and which in the opinion of the Planning Board may be waived
without jeopardy to public health, safety, morals, and general welfare
or which were inappropriate because of inadequacy or lack of connecting
facilities adjacent to or in proximity to the proposed subdivision.

Approval of a preliminary plat shall not constitute
approval of the final plat. Rather it shall be deemed as expression
of approval to the layout submitted on the preliminary plat, as a
guide to the preparation of the final plat which will be submitted
for approval of the Planning Board and for recording upon fulfillment
of the requirements of these regulations and the conditions of the
approval, if any.[1]

Editor's Note: This subsection was amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I) to change "final plan" to "final plat"; the same change is made for subsequent occurrences.

The final plat shall conform substantially to the
preliminary plat as approved, and, if desired by the subdivider, it
may constitute only that portion of the approved preliminary plat
which he proposes to record and develop at the time; provided, however,
that such portion conforms to all requirements of these regulations.

After three copies of the final plat have been approved
by the New York State Department of Health, they may then be submitted,
with three copies of the application for approval of the final plat,
to the Planning Board at least 14 days prior to the meeting at which
it is to be considered.

The three copies of the final plat and other exhibits required for approval shall be prepared as specified in §§ 260-4 and 260-6 and shall be submitted to the Planning Board within six months after approval of a preliminary plat; otherwise, such approval shall become null and void unless an extension of time is applied for and granted by the Planning Board.[2]

Before approval of the final plat is given, a public
hearing shall be held by the Planning Board. This hearing shall be
advertised at least once in the official Town newspaper or a newspaper
of general circulation in the Town if there is no official paper and
a notice of hearing posted in at least three prominent places at least
five days before the hearing.

If the final subdivision plan is approved by the Planning
Board, an appropriate notation to that effect will be made on the
face of the linen prints. One copy will be retained by the Planning
Board and the other two copies will be returned to the owner.

The owner shall file one of his copies of the approved
final subdivision plan with the County Clerk within 90 days after
the approval by the Planning Board. If the final subdivision plan
is not filed within this period, the approval shall expire, as provided
in § 276 of the Town Law.

Notwithstanding the foregoing provisions of this section,
the Planning Board may extend the time for filing and recording such
plat if in its opinion such intention is warranted by the particular
circumstances thereof.

The arrangement, character, extent, width, grade,
and location of all streets shall conform to the Official Map and
the Comprehensive Plan and shall be considered in relation to existing
and planned streets, to topographic conditions, to public convenience
and safety, and in their appropriate relation to the proposed use
of the land to be served by such streets.

Conform to a plan for the neighborhood approved
or adopted by the Planning Board to meet a particular situation where
topographic or other conditions make continuance or conformance to
existing streets impracticable.

Where a subdivision abuts or contains an existing
or proposed arterial street, the Planning Board may require marginal
access streets, reverse frontage with screen planting contained in
a non-access reservation along the rear property line, or such other
treatment as may be necessary for adequate protection of residential
properties and to afford separation of through and local traffic.

Where a subdivision borders on or contains a railroad
right-of-way or limited access highway right-of-way, the Planning
Board may require a street approximately parallel to and on each side
of such right-of-way, at a distance suitable for the appropriate use
of the intervening land, as for park purposes in residential districts,
or for commercial or industrial purposes in appropriate districts.
Such distances shall also be determined with due regard for the requirements
of approach grades and future grade separations.

When continuing street lines (projected right-of-way
tangents) deflect from each other at any one point by more than 10°,
they shall be connected by a curve with a radius at the inner street
right-of-way of not less than 350 feet; where continuing street lines
of arterial streets deflect from each other by more than 5°, they
shall be connected by a curve of not less than 800 feet in radius.

Streets shall be laid out so as to intersect
as nearly as possible at right angles and no street shall intersect
any other street at less than 75°. Any change in street alignment
to meet this requirement shall occur at least 100 feet from the intersection.

Property lines at street intersections shall
be rounded with a radius of 10 feet, or of a greater radius, where
the Planning Board may deem it necessary. The Planning Board may permit
comparable cutoffs or chords in place of rounded corners.

Culs-de-sac shall not be longer than 500 feet
and shall be provided at the closed end with a turnaround having an
outside right-of-way diameter of 100 feet; however, they may be longer
when in the judgment of the Planning Board they do not impose any
problems and constitute a positive design feature.

Temporary turnarounds shall have a diameter
of 100 feet and shall be shown on the map with arrangements for that
portion of the right-of-way of the turnaround outside the right-of-way
of the street to revert to the abutting property owners upon continuation
of the street.

No street names shall be used which will duplicate
or be confused with the names of existing streets. Street names shall
be subject to the approval of the Planning Board and should follow
standard procedures of house numbering.

Where a subdivision is traversed by a watercourse,
drainage way, channel, or stream, there shall be provided a stormwater
easement or drainage right-of-way conforming substantially with the
lines of such watercourse, and of such width and construction as will
be adequate for the purpose. Parallel streets or pathways may be required
in connection herewith.

Pedestrian crosswalks, not less than 10 feet wide,
shall be required where deemed essential to provide circulation, or
access to schools, playgrounds, shopping centers, transportation,
and other community facilities.

Lots in areas served by public water and public
sewer systems shall contain not less than 7,500 square feet in area
and shall have not less than seventy-five-foot frontage and not less
than one-hundred-foot depth.

Lots in areas served by public water, but no
public sewerage system shall contain not less than 10,000 square feet
in area and shall have not less than one-hundred-foot frontage and
not less than one-hundred-foot depth.

Lots in areas without public water and without
public sewerage systems shall contain not less than 15,000 square
feet in area; shall have not less than one-hundred-foot frontage and
not less than one-hundred-foot depth.

Side yards. There shall be two side yards into
which space no building or building parts other than steps, eaves,
cornices and similar fixtures shall extend. The minimum width of either
of these side yards shall be 10 feet.

Double-frontage and reverse-frontage lots should be
avoided. To provide separation of residential development from traffic
arteries or to overcome specific disadvantages of topography and orientation,
a planting screen easement of at least 10 feet, across which there
shall be no right of access, shall be provided along the line of lots
abutting such traffic artery or other disadvantageous use.

Where a proposed park, playground, school or other
public use shown in a Comprehensive Plan is located in whole or in
part in a subdivision, the Planning Board may require the dedication
or reservation of such area within the subdivision in those cases
in which the Planning Board deems such requirements to be reasonable.

Where deemed essential by the Planning Board, upon
consideration of the particular type of development proposed in the
subdivision, and especially in large-scale neighborhood unit developments
not anticipated in the Comprehensive Plan, the Planning Board may
require the dedication or reservation of such other areas or sites
of a character, extent, and location suitable to the needs created
by such development for schools, parks, and other neighborhood purposes.

Where dedication is required, it shall be accomplished
as follows: the subdivider shall dedicate one acre of usable land
for each 100 dwelling units to be provided in his subdivision and
permitted under existing zoning regulations. Where such dedication
would amount to less than two acres, the subdivider may, in lieu thereof,
pay a fee to the Town for each lot in his subdivision, to be computed
as follows: average value of one acre of undeveloped land adjacent
to a public road within one-quarter mile of any point within that
subdivision divided by 100 dwelling units equals the fee per lot.
Monies received by the municipality from such payments shall be placed
in a parkland acquisition fund, such monies to be expended for acquiring
park lands within 1/2 mile of any point of the subdivision.

Unusable areas or areas bordering streams, lakes,
or other watercourses can be given special consideration by the Planning
Board in excess of the minimum. The Town may accept these areas as
a gift, or purchase them, should they be desirable for public open
spaces.

Where such sites and open spaces are not shown on
the Comprehensive Plan and where deemed essential by the Planning
Board upon consideration of the particular type of development proposed
in the subdivision, and especially in large-scale developments, the
Planning Board may require the dedication or reservation of areas
in excess of the minimum. Under such conditions, a money payment at
fair market value may be made to the owner to compensate his loss
in excess of the minimum dedication.

Monuments. Monuments shall be placed at all block
corners, angle points, points of curvature in streets, and points
of tangency on horizontal curves, and at intermediate points as shall
be required by the Planning Board and by the advice of a licensed
professional engineer, or licensed land surveyor; however, in no case
shall there be less than four permanent monuments per block. The monuments
shall be of such material, size and length as may be approved by the
Planning Board by the advice of a licensed professional engineer or
a licensed land surveyor.

Arterial streets: cross-sections in accordance with
the Official Map and/or Comprehensive Plan or as determined by the
Town Board, Town Superintendent of Highways and Planning Board, or
by state or county road authorities.

Streets along development boundaries, and streets
connecting development with existing improved street system: cross
sections as determined by Town Superintendent of Highways, Planning
Board and Town Board.

The developer shall furnish a performance bond or
cause a deposit sufficient to cover the full costs of the construction
of such utility and street improvements as may be required by the
Planning Board in accordance with § 277 of the Town Law.

The developer may install such utility and street
improvements at his own expense or, in the alternative, may secure
the formation of a special district to install such utility and street
improvements pursuant to laws of the state.

Sufficient information to outline the existing site conditions and proposed development to supplement the drawings in Subsections B and C of this section. This information shall include data on land characteristics, covenants, available community facilities and utilities, and information describing the subdivision such as number of lots, typical lot width and depth, business areas, public areas, proposed covenants, utilities and street improvements.

A location map to indicate the relationship of the
proposed subdivision to significant existing community facilities
which will serve or influence it. Such facilities include major traffic
arteries, shopping areas, schools, parks, employment centers, railroads,
churches, hospitals, etc. This map shall be drawn to a scale suitable
to indicate the above features as well as North point, date and scale.

A sketch plan of the proposed layout showing proposed
distribution of lots, streets, and other features of the proposal
accompanied by data on existing topography. The sketch plan may be
a freehand pencil drawing to an approximate scale of one inch equals
80 feet showing a twenty-foot contour interval and also showing contiguous
land of the developer.

The preliminary plat shall cover the same areas as
the sketch plan and shall consist of one or more maps or drawings
which may be reproduced on paper, with all dimensions shown in feet
or decimals thereof, drawn to a scale of not more than 80 feet to
the inch where lots have frontage of 100 feet or more, and not more
than 40 feet to the inch where lots have less than 100 feet frontage,
showing or accompanied by the following information:

Location, name and present widths of existing
and proposed streets, highways, easements, building lines, alleys,
parks and other proposed public, open spaces and similar facts regarding
adjacent property.

The width and location of any streets or other
public ways or places shown upon the Official Map and Comprehensive
Plan, if any, within the area to be subdivided and the width, location,
grades and street profiles of all streets or other public ways proposed
by the subdivider.

Metes-and-bounds description and map of survey
to tract boundary made and certified by a licensed land surveyor tied
into established Town reference points and, where possible, related
to the state system of plane coordinates established by Chapter 545,
Laws of 1938.

Connection with existing water supply or alternative
means of providing water supply to the proposed subdivision and water
supply available for fire protection prepared by a licensed professional
engineer.

Where a sanitary sewage system is unavailable,
the alternative means of treatment and disposal of sewage proposed,
including location and results of percolation and other tests to ascertain
subsurface soil, rock and groundwater conditions, and depth to groundwater,
unless pits are dry at depth of five feet, prepared by a licensed
professional engineer.

The boundaries of any permanent easement over
or under any part of the proposed subdivision, not within the street
or other proposed public ways, shall not be less than 10 feet in width
and shall provide satisfactory access to an existing public highway
or other proposed public open space shown upon the preliminary layout
or upon the Official Map, if any.

The proposed location and type of sidewalks,
streetlighting standards and species of street trees, the location
of curbs, gutters, water mains and typical sewage disposal systems
and the sizes and types thereof, the character, width and depth of
pavement and subbase or other street improvement, and the location
of manholes and basins and underground conduits, prepared by a licensed
professional engineer.

The location of temporary markers adequate to
enable the Board to locate readily and appraise the basic layout in
the field. Unless an existing street intersection is shown, the distance
along a street from one corner of the property to the nearest existing
street intersection shall be shown.

Note: All maps, drawings and plans prepared by developer
for submission to the Planning Board to be on twenty-inch-by-twenty-inch
sheets or on twenty-inch-by-forty-inch sheets. In all cases, the seal
and signature of the licensed land surveyor or the licensed professional
engineer preparing the maps, drawings and plans shall appear on each
sheet of same.

Final plat. The final plat shall be drawn in black
waterproof ink on Mylar on sheets that are 20 inches by 20 inches
or 20 inches by 40 inches and shall be at a scale of 80 feet to one
inch or larger. Where necessary, the plan may be on several sheets
accompanied by an index sheet showing the entire subdivision. Space
shall be reserved on each sheet for endorsement by the Planning Board,
the State Department of Health and Water Resources Commission, where
required. The final plat shall conform in all respects to the preliminary
layout as approved by the Board and shall show the following:[1]

Certification by the licensed land surveyor or licensed
professional engineer who prepared the plat to the effect that the
plat represents a survey made by him, that all monuments indicated
thereon actually exist and that their location, size and material
are accurately shown.

Sufficient data acceptable to the Planning Board as
advised by a licensed professional engineer or licensed land surveyor
to determine readily the location, bearing and length of every street
line, lot line, boundary line and to reproduce such lines upon the
ground. Where practicable, these should be referenced to monuments
included in the state system of plane coordinates, and in any event
should be tied to reference points previously established by a public
authority.

Cross-sections and profiles of all existing
and proposed streets in the subdivision showing grades approved by
the Town Superintendent of Highways, or qualified appointee of the
Town Board. The profiles shall be drawn to standard scales and elevations
and shall be based on a datum plane approved by the Town Superintendent
of Highways.

Written offers of cession to the Town of all
public streets, rights-of-way, and open spaces shown on the plat and
copies of agreements or other documents showing the manner in which
space, title of which is reserved by the subdivider, are to be maintained.

All improvements have been installed in accord
with the requirements of these regulations and with the action of
the Board giving conditional approval of the preliminary layout, and
with the written approval of the Town Superintendent of Highways as
to the street construction, and with the written approval of the Town
Board as to street dedication, duly filed with the Planning Board;
or

Where the Planning Board finds that extraordinary hardships may result from strict compliance with these regulations, it may vary the regulations so that substantial justice may be done and the public interest secured; provided that such variation will not have the effect of nullifying the intent and purpose of the Comprehensive Plan, Chapter 310, Zoning, Official Map or these regulations.

On granting variances and modifications, the Planning
Board may require such conditions as will, in its judgment, secure
substantially the objectives of the standards or requirements so varied
or modified.